| Invalid system of legal acts are legal based on national interests, social public interests of protecting the interests of society as a whole, the private party given by the negative self-evaluation, so that legal action is seeking to establish the parties can not be realized to achieve the desired effect, but only to a legally set effect. Despite the existence of valid legal acts of systems has its many reasonable, but the autonomy of private law on the parties to limit the negative effects is also an objective existence of a large number of invalid legal act setting up the production constraints of the legal acts of the parties to pursue the needs of economic purposes, to a certain extent limits the market's rapid economic development. Reduce legal act as much as possible the situation is absolutely null and void, invalid legal act to ease the system came into being, the conversion system as an important relaxation of the system, in implementing the concept of autonomy of private law, save transaction costs, encourage and protect their transactions so as to play a unique role.The real demand is the establishment of valid legal acts of China's largest power conversion system. China's law has not yet provided a legal act is invalid conversion system, but there are many judicial practice requires the application of transformation rules invalid legal act, judicial interpretations have also appeared in a specific case for an invalid legal act is invalid conversion theory of Case. In order to make more of an invalid legal act to avoid the absolute invalidity, so that judicial interpretation in force be more effective legal support, I believe that to make up for the lack of legislation to establish a legal act is invalid conversion system is necessary.In this article, the author uses comparative law, empirical method and other methods ineffective legal acts elaborated the basic theory of conversion system, combined with legislative and judicial practice in China to establish the necessity and feasibility of the system conducted in-depth analysis, propose China's establishment of an invalid conversion system, the concept of legal acts in order to ease the legal act of absolute invalidity benefits.In addition to the introduction and conclusions of this article outside of the body is divided into three chapters:The first chapter, an invalid conversion system of legal acts theoretical basis. First, explain the legal act is invalid conversion system, and with the definition of the distinction between related concepts and linkages; then analyzes the function of converting the value of the system will help alleviate the legal invalidity of the act; after the adoption of the origin of the system and comparative law on the inspection, summarized general principle of the conversion system.Chapter II, invalid legal act of the conversion type, composition and application of elements. First legal act is invalid conversion type discussed for eliminating the "agreed conversion" of the type; went on to convert the system conditions that constitute an in-depth analysis of the conversion required to follow the "three elements, said," and must not violate the law of the constraints; after the application of range are discussed. .Chapter III, the establishment of valid legal acts of our conversion systems thinking. First, the legislative and judicial practice of China's analysis shows that China has established the necessity of converting the system; then analyze the feasibility of establishing the system in China, and will not lead to good at the right of judges and judicial powers of the expansion; Finally, the establishment of the system in China put forward their own ideas.This conclusion is invalid conversion system of legal acts as an important system to ease the invalidity of legal acts, in the absolute invalidity of legal acts to ease other relaxation has an irreplaceable role in the system respect the autonomy of private law, to maximize the protection of freedom of the civil law transactions the fundamental spirit of the establishment of a legal act is invalid conversion system is the inevitable choice for China's civil law. |
